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Construction Industry Laborers Pension Fund v. Dean Hathman Masonry Co., LLC

United States District Court, W.D. Missouri, Central Division

September 8, 2014

CONSTRUCTION INDUSTRY LABORERS PENSION FUND, et al., Plaintiffs,
v.
DEAN HATHMAN MASONRY CO., LLC d/b/a DEAN HATHMAN MASONRY CO. Defendant.

ORDER

NANETTE K. LAUGHREY, District Judge.

Plaintiffs Construction Industry Laborers Pension Fund and Construction Industry Laborers Welfare Fund's motion for default judgment pursuant to Rule 55(b)(2) of the Federal Rules of Civil Procedure [Doc. 4] is granted, as follows:

1. On April 4, 2014, the Plaintiffs filed their Complaint [Doc. 1] against Defendant Dean Hathman Masonry Co., LLC d/b/a Dean Hathman Masonry Co.

2. The Defendant was personally served through its Registered Agent, Dean Hathman, by Special Process Server with a copy of the Summons and Complaint on May 1, 2014, at 7500 E. Richland Road, Columbia, MO 65201. [Doc. 3.]

3. This action arises and subject matter jurisdiction is properly based on Section 301 of the Labor Management Relations Act as amended, 29 U.S.C. §185, and Section 502 of the Employee Retirement Income Security Act, 29 U.S.C. §1132.

4. The Defendant has failed to answer or otherwise defend as to the Plaintiffs' Complaint, and to serve a copy of any answer or other defense upon the Plaintiffs' attorneys of record or upon the Plaintiffs.

5. On June 6, 2014, the Plaintiffs filed the following pleadings and caused them to be mailed by certified mail to: Dean Hathman, Registered Agent, 7500 E. Richland Road, Columbia, MO 65201:

a. Plaintiffs' Motion for Default Judgment by the Court (Pursuant to Rule 55(b)(2) Federal Rules of Civil Procedure) [Doc. 4];
b. Suggestions in Support of Plaintiffs' Motion for Default Judgment by the Court [Doc. 5]; and
c. Plaintiffs' Affidavit of Failure to Plead or Otherwise Defend in Support of Application for Entry for Default as Required by Rule 55(a) Federal Rules of Civil Procedure [Doc. 5-1].

5. The Court entered a show-cause order on July 30, 2014 [Doc. 10], directing the Defendant to show cause why default judgment should not be entered against it and caused the Order to be mailed by regular and certified mail to the Defendant's Registered Agent, Dean Hathman, at the same address upon which the Summons and Complaint were personally served upon him, 7500 E. Richland Road, Columbia, MO 65201. The certified mailing was not claimed, and was returned as undeliverable; the regular mailing was not returned. To date, the Defendant has neither responded to the show-cause order nor otherwise appeared and defended since the institution of this action.

It is therefore, ORDERED, ADJUDGED and DECREED that judgment by default is hereby entered against the Defendant, Dean Hathman Masonry Company, LLC d/b/a Dean Hathman Masonry Co., and in favor of the Plaintiffs, Construction Industry Laborers Pension Fund and Construction Industry Laborers Welfare Fund and their respective Trustees for failure to answer or to plead, pursuant to Rule 55(b) of the Federal Rules of Civil Procedure, as follows:

Count I

1. That the plaintiff, Construction Industry Laborers Pension Fund, have and recover of and from the defendant for the period January 1, 2011 through August 31, 2013, in the amount of THREE THOUSAND, SEVEN HUNDRED THIRTY AND 50/100 ($3, 730.50) DOLLARS in unpaid fringe benefit contributions, ONE THOUSAND, NINE HUNDRED NINETY-SIX AND 06/100 ($1, 996.06) DOLLARS as and for liquidated damages and NINETY-FIVE AND 33/100 ($95.33) DOLLARS representing interest on the unpaid contributions; ONE THOUSAND, FIVE HUNDRED NINETEEN AND 77/100 ($1, 519.77) DOLLARS representing reasonable attorneys' fees; ONE THOUSAND, SEVEN HUNDRED FIFTY-SEVEN AND 50/100 ($1, 757.50) DOLLARS ...


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